Apple Logo Dispute

Victoria School of Business and Technology is being requested by Apple to change their logo. Funny because an apple has been a school symbol as far as I can remember. The apples are not the same and the VSBT logo is very creative. I wonder what will happen in the long run.
Victoria News
'Little guy' claims foul in dispute with Apple

By Don Descoteau - Victoria News

Published: September 30, 2008 4:00 PM
Updated: October 05, 2008 9:53 AM

A Saanich web design school is holding its ground, following a threat by Apple to take legal action if the local firm does not change a corporate logo it has used since 2005.

Calling his company a dedicated customer that uses Apple hardware and software almost exclusively in its operation, Victoria School of Business and Technology vice-president Christopher Boag said he and partner Dieter Gerhard were surprised to receive a strongly worded letter with no advance warning.

"It was a total shock," he said. "It was like the small guy was kind of getting blown away and Apple was pushing hard in order to get us to (submit to their demands)."

Boag and Gerhard argue that the apple is a "traditional representation of education" and that the logo in question, which incorporates the mountain logo of a sister company and has the words VSBT in one corner, in no way can be confused with the Apple logo.

"It's 100 per cent unique. It's an original idea that came from a flow and a process we worked through here in the office," Boag said. "We've never had anyone make a comparison between the Apple logo and the VSBT logo."

The computer giant believes otherwise.

A letter sent on behalf of Apple Inc. by the Toronto law firm of Baker and McKenzie, stated that VSBT's logo "reproduces, without authority, our client's Apple Design Logo which it widely uses."

It went on to say such use infringes upon Apple's trademark registrations and legal rights, which it claimed allow Apple the "exclusive right to use its trademarks and any confusingly similar trademarks and trade names" to market its products and services.

The letter said Apple is prepared to waive any potential punitive claims against VSBT if the company removes the apple component of its logo, refrains from using any Apple trademarks and co-operates with Apple to remove the VSBT logo from any third-party publications or websites.

Media lawyer David Sutherland said cases of trademark infringement often come down to whether there is a reasonable possibility of confusion between two entities on the part of the consumer.

"It's not so much whether it looks like the other guy's mark, as much as it is using it with something identified with the other person," he said, noting that both Apple and VSBT are both involved in the computer field.

He gave as an example a political cartoon in the Maritimes in which the Michelin Man was stepping on a worker during a factory strike. The judge ruled against trademark infringement since the cartoon was being used for comment, not as a trademark by another organization.

Boag knows his company couldn't fund an extended legal battle with deep-pocketed Apple, but he said the situation seems like a classic case of corporate bullying.

"It's a matter of them trying to push over the little guy, to some degree. They figure we're going to roll over and play dead, but we want to be more vocal."

In its classrooms, VSBT has 20 large-screen iMac computers and has another 20 on order, Boag said, in addition to nearly a dozen Mac laptops and a handful of iPhones used by staff.

"I feel ethically 100 per cent behind our decision," he said. "I just hope Apple can take a look at this and realize we're on their side."

Apple is no stranger to lawsuits relating to its logo. Earlier this year it challenged the City of New York in court over use of an apple logo used in the Big Apple's GreeNYC campaign. Apple Corps., the Beatles' corporate entity, battled the computer company for years over its use of the trademark and ultimately settled by allowing Apple the entire brand and agreeing to license certain other trademarks from the computer giant.

ddescoteau@vicnews.com

So many reasons why I need a house

Well, we had a very busy weekend. Friday night Kels had a friend over and they played Rock Band and took over the living room. Saturday morning I got up early and went over to my parents to help with the garage sale. I made a few bucks in the 4hrs we had our sale set up, so that was great. After the garage sale I had a few errands to do before coming home. Kels had a coup of friends come over and they had a huge Rock Band Party. I drove Damen home at 10:30pm, but Autumn decided to spend the night. They had a great time and now I really badly need a basement or a family room. The teens took over the living room all weekend. I am not complaining though because they had such a great time and being at my house I know what they are doing and where they are. They are all safe! Saturday afternoon I went to a Harvest Party with my friend Judy. I had a great time and the food was amazing! Sean stayed home with the teens because he had to work until 5:30pm. He picked up Damen after work and brought him to the house. I came home shortly after 7pm and we watched a movie in our room since the kids were taking over the living room. On Sunday, Sean stained the last of the high parts of the siding so that we could return the scafalting today. I took the kids to the movies (matinee). Mike and I saw Igor for a twoonie, Kels Autumn and Damen went to Nick & Nora's infinate playlist. After the movie they hung out. I picked up Kels from Autumn's and came home for dinner. All this driving around burned 1/4 tank of my precious gas): The kids had a wondeful weekend(: I was exhausted! Now I'm good. I desperately need a house....in town, so I don't have to drive all over the place.

WOW It's October already

I can hardly believe that it's October already. Yesterday it was so hot we had to turn on the air conditioning. In October...I think that's a first. When I got home the house was hot 86 F or 28 C. Since the weather has been so nice, I've been painting trim around the windows on the new siding. We are getting close to being done. Then we need to work on the skirting(:

My parents are having a garage sale on Saturday, so I decided to bring some of my stuff over. I was going through it last night..pricing it etc. I had a garage sale 2 years ago and got rid of a lot of stuff then. I still have a lot of stuff to go through. I have halloween costumes that the kids don't fit into or want anymore, so hopefully those sell this weekend. The profits are going to our trip to Courtenay in 15 days(:

Alison from PG Library Rocks on Breakfast Idol!

September 29, 2008.

PRINCE GEORGE: A reserved, unassuming media liaison from the Prince George Public Library, proved that getting Mike Benny to “work it” in a tiger print skirt was the secret to success. Allison from the library was given the nod from Breakfast Idol judges (with the highest score ever recorded on The River's Breakfast Idol) and also won approval from River listeners. She topped the polls with over 12,000 votes to win the 2008 edition of The River's Breakfast Idol.



Alison used to work as a reporter at The Williams Lake Tribune. Way to go Alison(:

Friends(:

Bears are looking for food

Last night I met my friend from high school at the Red Dog. It was wing night and very busy there. So, when I arrived there was no parking left except out back by the dumpster. Not thinking anything about the dumpster, I parked beside it ad went in. Melissa and I had a great time catching up. We talked for over 3 hours. Then when it was time to get going home the waitress came up to me and asked if that was my car by the dumpster. She says oh great...you can't leave.....the police are coming. What the police are coming? Yes..because there was a mama bear right at my car and her 2 baby cubs had climbed up the tree beside the dumpster. So, we wait for the police to come. The bears are not moving. The police come and it's still not safe for us to leave. The waitress then tells us the the police would like to escort me to my car even though the bears are still there. My very intelligent friend then asks the waitress to ask the police to to move my car out front. To my surprise, they actually agreed to do it. I was very thankful..because you don't ever want to mess with a mama bear and her cubs. So, I made it home safely. This is just a reminder to all that the bears are out there, so be careful and make sure you have your fruit picked off your trees and your garbage locked away so the bears can't get at them.

We didn't make it to October...

Every year we try to not turn the furnace on until Oct. 1st. Well, we didn't make it this year. I woke up freezing this morning. It was 14C which makes it 58F. Way toooo cold. So I broke down and turned the furnace on. I guess that's not too bad, only a week early. By this afternoon it'll be so hot and we will be back in shorts and tank tops. What else can you expect from the good old Cariboo? Did I mention that I had to scrape my windows and defrost the car before heading out this morning? Along with the cooler temperatures in the fall, we also have a very bad cold/flu going around. My son picked it up from being at school. I always dread this time of year because when Mike get a cold, it goes from bad to worse because of his asthma. I still remember the many times he was in the hospital and had to be on oxygen to breathe. Now Sean has picked up a nasty cold and it was so bad, he slept on the couch so we wouldn't get woken up by his hacking and barking all night. He's not going to work today, so it must be pretty bad. I rarely catch a cold, so keep your fingers crossed. I have purchased a big bottle of codeine cough syrup and lots of Neo Citrin (Life Brand because it tastes better). That should get us through this nasty cold/flu season.